4 CCR 748-1.13 - Duty to Report Convictions, Judgments, and Adverse Actions
The purpose of this Rule is to clarify the requirements and procedures for reporting convictions, judgments, and other adverse actions in order to enforce the provisions of section 12-305-112, C.R.S.
A. A certified speech-language pathologist
shall report to the Director, in a manner established by the Director, within
thirty days of:
1. A felony conviction of the
certificate holder, or a conviction of any crime related to the practice of
speech-language pathology, whether under the laws of this or any other state or
the United States (a guilty verdict, or a plea of guilty, nolo contendere, or
no contest accepted by the court is considered a conviction);
2. A disciplinary action imposed upon the
certificate holder by another jurisdiction that licenses, certifies, or
registers speech-language pathologists which would otherwise be a violation of
section 12-305-112, C.R.S., including but
not limited to a citation, sanction, probation, civil penalty, or a denial,
suspension, revocation or modification of a license or certificate, whether it
is imposed by consent decree, order, or other decision, for any cause other
than failure to pay a license fee by the due date or failure to meet continuing
professional education or competency requirements;
3. Revocation or suspension by another state
board, municipality, federal or state agency of any health services related
license or certificate; or
4. Any
judgment, award, or settlement of a civil action or arbitration, in any
jurisdiction, in which there was a final judgment or settlement against the
licensee or certificate holder with respect to the practice of speech-language
pathology.
B. Report
contents.
1. If the event is an action by any
governmental agency, the report to the Director must include the name of the
agency, its jurisdiction, the case name, court docket, proceeding or case
number by which the event is designated, and a copy of the consent decree,
order, or decision.
2. If the event
is a felony conviction, the report to the Director must include the court, its
jurisdiction, the case name, the case number, a description of the matter or a
copy of the indictment or charges, and any plea or verdict entered by the
court. Within thirty days of the imposition of sentence for a felony
conviction, the certificate holder shall provide to the Director a copy of the
imposition of sentence. Within thirty days of the completion of any terms of
the sentence, the certificate holder shall provide written notice to the
Director of the completion of the sentence terms.
3. If the event concerns a civil action or
arbitration proceeding, the report to the Director must include the court or
arbiter, the jurisdiction, the case name, the case number, a description of the
matter or a copy of the complaint, and a copy of the verdict, the court or
arbitration decision, or, if settled, the settlement agreement and court's
order of dismissal.
C.
In addition to any report required under this Rule, the speech-language
pathologist may also submit a written statement of explanation.
Notes
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